Even inadvertently giving false information on your immigration application may result in accusations of misrepresentation. Giving the Government of Canada false, deceptive, or incomplete information that could lead to mistakes in the application of immigration laws to the case is considered misrepresentation under Canadian immigration law. Learn the 5 common immigration mistakes that risk misrepresentation in Canada. Avoid unintentional errors, misleading information, and incomplete details to ensure a smooth application process. Stay compliant with Canadian immigration law.

Information given or concealed by the applicant directly or by a representative, like a Canadian sponsor in family class applications, is included in this. The applicant may still be held accountable for misrepresentation even if they were not the one who made the mistake.

Misrepresentation is a serious offense under section 40 of the Immigration and Refugee Protection Act (IRPA). It can lead to serious repercussions, including prosecution, penalties, a five-year prohibition from applying for Canadian immigration, and/or a removal order from Canada, in addition to the rejection of an application.

Furthermore, one of the possible reasons for losing Canadian citizenship is deception.

Examples of misrepresentation include:

  • Failing to disclose essential information on your application, whether intentionally or unintentionally.
  • Providing altered or fraudulent documents.
  • Concealing health issues during the medical examination.
  • Claiming employment or educational credentials you have not attained.

Is an unintentional error on my immigration application viewed as misrepresentation?

Even a well-intentioned error can lead to misrepresentation.

Under Canadian immigration law, misrepresentation is defined as a permanent resident or foreign national being inadmissible for directly or indirectly giving inaccurate or incomplete information that may result in an error in processing the application.

Whether a mistake qualifies as misrepresentation depends on the relevance or “materiality” of the information to the application.

“Innocent misrepresentation” happens when an applicant unknowingly provides information they believe to be correct, which is later found to be inaccurate or incomplete. For example, listing a job start date as 2016 instead of 2018 could lead to an extra two years of work experience, potentially constituting misrepresentation if that experience is crucial to the case. Another example would be not updating IRCC about a major life event, like the birth of a child or a new marriage.

Regardless of intent, material innocent misrepresentation can carry the same penalties as intentional misrepresentation.

Examples of frequent errors that might cause innocent misrepresentation:

Failing to report previous marriages

You might think there’s no significant reason to mention a prior marriage in your immigration application. However, leaving this information out is likely to be seen as misrepresentation. For instance, if you are sponsoring a partner and neglect to disclose two previous marriages from the last five years, immigration officials may consider this relevant to their decision. Even an unintentional omission could jeopardize your application.

Neglecting to disclose past criminal offenses

Regardless of how long ago an offense occurred, it is essential to disclose all criminal convictions. Not providing this information can lead to misrepresentation, regardless of the country where the offense took place.

Omitting visa refusals

If you have ever been denied entry to any country, this information must be included in your immigration application. This requirement applies universally, not just for Canada or the U.S. You must mention any visa refusals, including temporary work permits, visitor visas, permanent residency applications, study permits, or any other immigration applications.

Not reporting former military service or political involvement

You might hesitate to disclose past political activities, especially if sharing your political views makes you uncomfortable. However, it’s crucial to be transparent about your political background for immigration purposes. This includes previous military service and any memberships in political parties or organizations.

Providing vague information

When unsure of specific details, it’s tempting to give approximate dates or general information. However, this can lead to discrepancies and raise suspicions of misrepresentation. If you’re uncertain about certain facts, it’s better to acknowledge your uncertainty rather than risk providing incorrect information.

By being comprehensive and truthful in your application, you can minimize the risk of misrepresentation, including innocent misrepresentation.

What should I do if I’ve made an error in my immigration application?

The best course of action is to contact IRCC right away and explain your situation.

While this does not guarantee that the misrepresentation will be overlooked or forgiven, it is viewed more favorably than if IRCC discovers it on their own. If you learn about the misrepresentation through a Procedural Fairness Letter (PFL), you should respond with a clear and detailed letter that addresses the concerns raised by IRCC, including as much supporting documentation as possible.

A PFL is issued to an applicant before a final decision is made regarding misrepresentation, allowing the applicant to clarify any inaccuracies or errors.

Many applicants opt to hire a lawyer to draft these letters and submissions to ensure they are clear and concise, minimizing the risk of being accused of misrepresentation.